sanjay02
08-22 03:07 PM
Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
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admin
04-03 07:37 AM
Great fact sheet. It should list people like Andy Grove, Jerry Yang, and Sergey Brin - Hungarian, Chinese and Russian co-founders of Intel, Yahoo and Google - all immigrants.
Morpheus,
Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.
qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.
Morpheus,
Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.
qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.
pinoyInDC
06-25 03:12 PM
The reason for rushing the application is that it could retrogress midway during the month of July. It may seem unlikely but you never know. That's one reason to file it as early as possible.
But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.
It doesn't matter if it retrogress midway during the month of July, USCIS must accept ALL otherwise eligible I485s filed by July 31. While Priority Dates could retrogress say in August, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual�s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category�s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one�s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.
But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.
It doesn't matter if it retrogress midway during the month of July, USCIS must accept ALL otherwise eligible I485s filed by July 31. While Priority Dates could retrogress say in August, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual�s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category�s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one�s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.
2011 Tattoo on top of hands
reachinus
07-08 01:47 PM
07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
http://www.immigration-law.com/
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
http://www.immigration-law.com/
more...
jk333
07-17 07:15 PM
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
reddymjm
09-30 10:11 AM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
r u from NBKRIST?
r u from NBKRIST?
more...
c9411010
08-04 03:29 PM
guys many of us are considering going back to india.. any idea on whether those who have 40 credits will be eligible for social security from india...
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
2010 ok, here are my finger tattoos
basav
08-03 03:20 PM
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !
more...
st4rguitar
04-14 08:38 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
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willigetgc?
01-21 01:15 PM
To avoid being like the thread running a few days ago, I don't want to be responding to each response. However, I do want clear a few things:
I am not promoting one parenting technique over the other.
As I said, I agree with a few things and disagree with a few things the author talks about.
Having kids myself, I cannot think of a parent who would do harm to their own child. Each set of parents come with their own parenting skills that works for them and their children. I leave it at that.
I only posted this because my doc asked me of my opinion and I in turn asked the opinion of IV members. If this thread is going to turn ugly, lets stop it, that was not my intention.
I am not promoting one parenting technique over the other.
As I said, I agree with a few things and disagree with a few things the author talks about.
Having kids myself, I cannot think of a parent who would do harm to their own child. Each set of parents come with their own parenting skills that works for them and their children. I leave it at that.
I only posted this because my doc asked me of my opinion and I in turn asked the opinion of IV members. If this thread is going to turn ugly, lets stop it, that was not my intention.
more...
unseenguy
06-12 09:08 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company what the plan is. If they say wait 6 months or something, just find another job and move on quietly. You must have perm filed by oct this year.
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company what the plan is. If they say wait 6 months or something, just find another job and move on quietly. You must have perm filed by oct this year.
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viper673
06-08 04:27 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
more...
house tattoo on finger.
eastindia
09-23 10:59 AM
This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?
You are an anti-immigrant.
You are an anti-immigrant.
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Blog Feeds
09-29 08:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgxrb8dMJgrwkxFdKAyoAXJsCfACwZa7iaRG-Srg4WKqFhCJcqd5fNSNExh3DpB0VaXTTCO1QkiFVxwKbmte0nQbgaFEY55Qz85Xzo0YzqWLDfXkyd1Pngws1EkHImyxYZ4bglHEeuFLO8/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgxrb8dMJgrwkxFdKAyoAXJsCfACwZa7iaRG-Srg4WKqFhCJcqd5fNSNExh3DpB0VaXTTCO1QkiFVxwKbmte0nQbgaFEY55Qz85Xzo0YzqWLDfXkyd1Pngws1EkHImyxYZ4bglHEeuFLO8/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgxrb8dMJgrwkxFdKAyoAXJsCfACwZa7iaRG-Srg4WKqFhCJcqd5fNSNExh3DpB0VaXTTCO1QkiFVxwKbmte0nQbgaFEY55Qz85Xzo0YzqWLDfXkyd1Pngws1EkHImyxYZ4bglHEeuFLO8/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgxrb8dMJgrwkxFdKAyoAXJsCfACwZa7iaRG-Srg4WKqFhCJcqd5fNSNExh3DpB0VaXTTCO1QkiFVxwKbmte0nQbgaFEY55Qz85Xzo0YzqWLDfXkyd1Pngws1EkHImyxYZ4bglHEeuFLO8/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
more...
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pamposh
10-05 08:12 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
Are you serious? what country is he from... just curious... i am EB2 sep 2005, sounds like I should not loose my hope...:cool:
Nothing makes sense.
Thanks
Senthil
Are you serious? what country is he from... just curious... i am EB2 sep 2005, sounds like I should not loose my hope...:cool:
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nareshg
10-05 06:01 PM
they responded today to USCIS, nothing much here I guess...
one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.
one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.
more...
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samsanju.corp
01-08 02:10 AM
Interview date 9th dec 2009
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
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fromnaija
02-25 07:18 PM
can anybody help me here?
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
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rongha_2000
10-02 11:23 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Yes it will be Pending Adjustment for all of you if you use EAD .
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
Yes it will be Pending Adjustment for all of you if you use EAD .
But as backup and if not required just be on H1B visa and do job for same company again if possible .
or if you are changing company file H1B extension as backup.
freeskier89
03-02 11:55 AM
o yea, guess i should have asked this before posting!
Nah, now he has to accept it :D !
Nah, now he has to accept it :D !
rally
07-13 03:04 PM
Dont we need to wear saris and dhotis , we are followers of Gandhian principles ?
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